To all provinces, autonomous regions, municipalities directly under the Central Government, and the Xinjiang Production and Construction Corps Market Supervision Bureaus (departments, commissions), development and Reform Commissions, science and technology departments (commissions, bureaus), competent departments of industry and information technology, and competent departments of intellectual property rights:
In order to implement the deployment requirements of the "Outline for the Construction of a Quality Power" and promote the quality improvement of major technical equipment in the mainland, the State Administration for Market Regulation, the National Development and Reform Commission, the Ministry of Science and Technology, the Ministry of Industry and Information Technology, and the State Intellectual Property Office jointly formulated the "Administrative Measures for the Testing and Evaluation of China's First (Set) Major Technical Equipment (Trial)". It is hereby issued to you, and you are requested to comply with it.
State Administration for Market Regulation
National Development and Reform Commission
Ministry of Science and Technology
Ministry of Industry and Information Technology
State Intellectual Property Office
March 22, 2024
China's first (set) major technical equipment testing and evaluation management measures (trial)
Chapter I: General Provisions
Article 1 In order to standardize the testing and evaluation of China's first (set) major technical equipment (hereinafter referred to as China's first (set)), establish China's first (set) testing and evaluation system, and promote the quality improvement of major technical equipment, these measures are formulated in accordance with the "Outline for the Construction of a Quality Power", the "14th Five-Year Plan" for the Modernization of Market Supervision and the "Opinions on Promoting the Demonstration and Application of the First (Set) Major Technical Equipment".
Article 2 The term "China's first (set) major technical equipment" mentioned in these measures refers to the equipment products that have achieved major technological breakthroughs in China, have intellectual property rights, and have not yet achieved obvious market performance, including complete equipment, core systems and key components.
The term "China's first (set) testing and evaluation in these measures refers to the testing and evaluation and comprehensive evaluation of equipment products in accordance with the prescribed procedures to determine whether the equipment products belong to China's first (set) technical service activities.
Article 3 China's first (set) testing and evaluation standards are composed of key indicators that reflect the status of equipment products, such as technological innovation, quality level, and expected benefits.
Article 4 China's first (set) testing and evaluation work adheres to the principles of strategic orientation, promotion of application, scientific standardization, objectivity and fairness, inclusiveness and prudence, and encouragement of innovation, and gives full play to the efficiency of quality infrastructure and the role of collaborative services.
Article 5 The State Administration for Market Regulation (hereinafter referred to as the State Administration for Market Regulation), in conjunction with the National Development and Reform Commission, the Ministry of Science and Technology, the Ministry of Industry and Information Technology, and the State Intellectual Property Office, jointly organize the implementation of China's first (set) testing and assessment work.
Chapter II: Assessment Conditions and Procedures
Article 6 In principle, the testing and evaluation of China's first unit (set) shall be carried out once a year. The State Administration for Market Regulation, in conjunction with relevant departments, shall determine the field and scope of equipment products to be tested and assessed this year.
Article 7 Enterprises and institutions registered in the People's Republic of China and whose main innovation work is located within the territory of the People's Republic of China may voluntarily apply for the testing and evaluation of China's first (set) equipment products developed and manufactured.
Article 8 The following conditions shall be met when applying for the first (set) test and evaluation in China:
(1) Equipment products have achieved major technological breakthroughs and have great advantages in technological innovation, quality level and expected benefits.
(2) The applicant has the core technology and intellectual property rights of the equipment products; If a registered trademark is used in equipment products, the applicant enjoys or jointly enjoys the exclusive right to use the trademark.
(3) Equipment products have not yet achieved obvious market performance.
(4) If the equipment products belong to the scope of the first (set) major technical equipment promotion and application guidance catalog of relevant departments, the main technical indicators meet the requirements of the relevant catalog; It is not within the scope of the catalog, but it conforms to the major national strategic needs and industrial development orientation, and the relevant departments for business determine that it will be accepted.
(5) The equipment products meet the requirements of relevant safety technical regulations, mandatory national standards and relevant industry management regulations.
(6) Where laws and administrative regulations require that personal information and important data collected or generated by equipment products in the course of operations within the territory of the People's Republic of China have requirements for domestic storage, they shall be stored within the mainland, and the equipment products must not be remotely controlled outside the mainland.
Article 9 China's first (set) testing and evaluation includes five links: application, acceptance, evaluation, publicity and release.
Article 10: The applicant shall voluntarily submit written application materials to the provincial market regulation department where it is located, including inspection and testing reports, test data, evaluation reports and other supporting materials for relevant technologies and quality indicators. The applicant shall ensure that the application materials are complete and authentic, and can be traced and verified, and shall not involve state secrets and commercial secrets.
Article 11: Each provincial-level department for market regulation conducts a preliminary review of the completeness, authenticity, and compliance of the applicant's application materials, and if the preliminary verification is passed, it is to be submitted to the State Administration for Market Regulation.
Article 12: The State Administration for Market Regulation, in conjunction with relevant departments, shall organize experts to guide relevant testing and evaluation institutions to formulate detailed rules for testing and evaluation in relevant fields in accordance with these Measures, conduct testing and evaluation of declared equipment products, and issue testing and evaluation reports.
The State Administration for Market Regulation, in conjunction with relevant departments, organizes experts to review the testing review report and the testing review process, and issue audit opinions.
Article 13 The State Administration for Market Regulation shall determine the catalogue of China's first (set) major technical equipment on the basis of the testing and evaluation report and expert review opinions, and publicize it to the public after soliciting the opinions of relevant departments. The publicity time shall not be less than 5 working days.
Article 14 After the announcement of no objection, the State Administration for Market Regulation in the form of an announcement to release China's first (set) major technical equipment catalog, effective for 3 years from the date of announcement, after the expiration of the automatic invalid.
Article 15 The key indicators of technological innovation, quality level and expected benefits of the newly applied equipment products shall be higher than the level of China's first (set) major technical equipment of the same type that has been announced.
Chapter III: Management of Testing and Evaluation Institutions
Article 16: The State Administration for Market Regulation is responsible for organizing the selection of testing and evaluation bodies, and relevant units are to voluntarily participate.
Article 17 The testing and evaluation body shall meet the following conditions:
(1) Inspection and testing institutions, research institutes, national industry associations and other units registered within the territory of the People's Republic of China in accordance with the law and with independent legal person qualifications.
(2) Where laws and administrative regulations have provisions on qualification licenses for engaging in relevant inspection and testing, the testing and evaluation body shall obtain the corresponding inspection and testing qualifications in accordance with law.
(3) The testing and evaluation agency shall ensure that it invests corresponding funds and manpower, and has the equipment, facilities and other relevant resources required to carry out China's first (set) testing and review.
(4) The testing and evaluation institution shall have strong capabilities in basic theoretical research, technology research and development, standard development, industrial application of scientific research achievements, inspection and testing equipment research and development in the industry and related fields, and have experience in technical services such as testing, inspection and testing, and certification related to major technical equipment.
(5) Testing and evaluation institutions shall establish and improve management systems and related management systems, and make full use of digital means to improve management levels.
(6) The testing and evaluation institution shall rely on its own resource advantages in technology, equipment and facilities and talents, establish a shared service mechanism and platform, carry out shared services for other units, and have a wide range of shared users and good evaluations in the industry to which it belongs.
Article 18 The relevant units that meet the conditions specified in the preceding article shall voluntarily submit written application materials in accordance with the declaration notice issued. After the State Administration for Market Regulation organizes an expert review, it will be announced to the public, and the publicity time shall not be less than 5 working days. After the publicity of no objection, the list of China's first (set) major technical equipment testing and evaluation institutions was announced to the public.
Article 19: Testing and evaluation bodies shall carry out testing and review work scientifically and rigorously, implement effective control over the entire process of testing and review, ensure that the process is complete, objective and truthful, and record the whole process.
Article 20 The testing and evaluation institution shall be responsible for the scientificity, authenticity and fairness of the testing and evaluation report.
Article 21: Testing and evaluation institutions shall, in accordance with the needs of China's first (set) testing and review, make full use of existing facilities and platforms to strengthen the following capacity building:
(1) According to the needs of national industrial development and technological upgrading, accelerate the development and application of advanced testing equipment and facilities, improve the research and development capabilities and professional and technical level of advanced testing technology, and continuously improve the technical service sharing mechanism.
(2) Improve the testing management system and quality management system, strengthen digital empowerment, continuous improvement, and continuously improve the maturity of quality management.
(3) Continue to improve the ability and quality of personnel, actively cultivate high-level talents in the professional field, improve the personnel ability evaluation mechanism, and strengthen the professional education and training in the professional field and quality.
Chapter IV: Supervision and Management
Article 22 If the applicant unit commits fraud or adopts improper means to pass the testing and assessment in the application process, it shall be removed from the catalogue of China's first (set) major technical equipment and announced to the public, and the application of the unit shall not be accepted within 5 years; Where relevant laws and regulations are violated, relevant responsibility is to be pursued in accordance with laws and regulations.
Article 23 If the testing and evaluation institution commits any of the following acts, it shall be removed from the list of China's first (set) major technical equipment testing and evaluation institution, and announced to the public, and shall not apply again within 5 years; Where relevant laws and regulations are violated, relevant responsibilities are to be pursued in accordance with laws and regulations:
(1) Falsification in the testing and review process.
(2) The conclusion of the test review is untrue or a false report is issued.
(3) Divulging the commercial secrets or technical secrets of the applicant unit.
(4) Collecting or covertly collecting testing and evaluation fees from the applicant unit, and the personnel of the testing and evaluation body taking the opportunity to collect expert fees, consulting fees, or labor fees from the applicant unit or making profits through improper means.
(5) Other acts that violate relevant laws and regulations and the provisions of these Measures.
Article 24: Where testing and assessment bodies, relevant personnel, and experts have an interest in the applicant unit, they shall recuse themselves.
Article 25 China's first (set) R&D and manufacturing unit should strengthen technical support and after-sales service, and solve the technical and quality problems arising from the user's use in a timely manner.
The test and evaluation results of China's first (set) are not used as proof of compliance with the market access requirements and restrictive requirements of safety, quality, and environmental protection stipulated by relevant laws and regulations. In the process of use, due to the defects in the equipment product itself resulting in major quality, safety, environmental protection and other accidents, it will be removed from the catalogue of China's first (set) major technical equipment and announced to the public.
Chapter V: Supplementary Provisions
Article 26 These measures shall not apply to the testing and evaluation of China's first unit (set) in energy-related fields and national defense and military industries.
Article 27 The first (set) testing and evaluation in China does not charge fees to the applicant.
Article 28: The State Administration for Market Regulation, in conjunction with the National Development and Reform Commission, the Ministry of Science and Technology, the Ministry of Industry and Information Technology, the State Intellectual Property Office, and other departments, is responsible for the interpretation of these Measures.
Article 29: These Measures shall come into force on the date of promulgation.
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